Citation Nr: 9934680
Decision Date: 12/13/99 Archive Date: 12/16/99
DOCKET NO. 98-09 365 ) DATE
)
)
On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) in
Winston-Salem, North Carolina
THE ISSUE
Entitlement to service connection for left ear hearing loss.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
K. J. Alibrando, Counsel
INTRODUCTION
The veteran served on active duty from December 1969 to
December 1971.
This appeal comes before the Board of Veterans' Appeals
(Board) from a March 1998 rating decision of the RO.
In the March 1998 rating action, service connection for
tinnitus was denied. As it has not been developed for
appellate review, the matter is referred to the RO for the
appropriate action.
FINDINGS OF FACT
1. The veteran is not shown to have had a hearing loss
disability for VA purposes when he entered active service.
2. The veteran is shown as likely as not to be suffering
from current left ear hearing loss disability which had its
onset during the veteran's period of military service.
CONCLUSION OF LAW
By extending the benefit of the doubt to the veteran, his
left ear hearing loss disability is due to disease or injury
which was incurred in service. 38 U.S.C.A. §§ 1110, 5107,
7104 (West 1991 & Supp. 1999); 38 C.F.R. §§ 3.303, 3.306,
3.385 (1999).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The veteran's claim is well grounded within the meaning of
38 U.S.C.A. § 5107(a). That is, he has presented a claim
which is plausible. All relevant facts have been properly
developed, and no further assistance is required to comply
with the duty to assist as mandated by 38 U.S.C.A. § 5107(a).
The service medical records show on enlistment examination
dated on December 8, 1969, audiometric testing failed to
disclose a hearing loss disability of the left ear for VA
purposes. The records include a recording of another
audiogram dated in December 1969 which shows no auditory
threshold in any of the frequencies above 20 decibels. The
veteran underwent another enlistment examination on December
11, 1969, which showed pure tone thresholds, in decibels, as
follows:
HERTZ
500
1000
2000
3000
4000
RIGHT
10
0
5
15
LEFT
0
0
10
65
The veteran reported that his right ear was stopped up due to
a cold. The examiner indicated that his profile was "H2".
A November 1971 Consultation Report shows that the veteran
was seen to rule out hearing loss. On audiological
evaluation, pure tone thresholds, in decibels, were as
follows:
HERTZ
500
1000
2000
3000
4000
RIGHT
20
0
0
45
75
LEFT
15
0
0
5
30
That evaluation also showed a pure tone threshold of 105
decibels at 6000 hertz in the left ear.
On separation examination in December 1971, the audiological
evaluation showed pure tone thresholds, in decibels, as
follows:
HERTZ
500
1000
2000
3000
4000
RIGHT
20
0
0
45
75
LEFT
15
0
0
5
30
That evaluation also showed a pure tone threshold of 105
decibels at 6000 hertz in the left ear. A diagnosis of
bilateral high frequency hearing loss was noted.
By rating action in May 1976, service connection was granted
for hearing loss in the right ear on the basis of the service
medical records.
The most recent VA examination was conducted in January 1998.
On the audiological evaluation in, pure tone of the left ear
thresholds, in decibels, were as follows:
HERTZ
500
1000
2000
3000
4000
LEFT
25
40
95
66
Speech audiometry revealed speech recognition ability of 72
percent in the left ear. The diagnosis was that of severe
high frequency sensorineural hearing loss. It was noted that
it was more than likely that whatever caused the right ear
hearing loss also caused the left ear hearing loss unless
subsequent event such as occupational noise exposure or
disease process intervened.
Service connection may be established for disability
resulting from personal injury suffered or disease contracted
in line of duty, or for aggravation of a pre-existing injury
suffered or disease contracted in line of duty. 38 U.S.C.A.
§ 1110 (West 1991); 38 C.F.R. § 3.303 (1999). The
regulations also provide that service connection may be
granted for any disease diagnosed after discharge when all
the evidence, including that pertinent to service,
establishes that the disease was incurred in service. 38
C.F.R. § 3.303(d) (1999). If the disorder is a chronic
disease, service connection may be granted if manifest to a
degree of 10 percent within the presumptive period; the
presumptive period for organic diseases of the nervous system
is one year. 38 U.S.C.A. §§ 1101, 1112, 1113 (West 1991); 38
C.F.R. §§ 3.307, 3.309 (1999).
For the purposes of applying the laws administered by VA,
impaired hearing will be considered to be a disability when
the auditory threshold in any of the frequencies 500, 1000,
2000, 3000, 4000 Hertz is 40 decibels or greater; or when the
auditory thresholds for at least three of the frequencies
500, 1000, 2000, 3000, or 4000 Hertz are 26 decibels or
greater; or when speech recognition scores using the Maryland
CNC Test are less than 94 percent. 38 C.F.R. § 3.385 (1999).
After a careful review of the entire record, the Board
concludes that service connection for the left ear hearing
loss is warranted. At the time of enlistment examination on
December 8, 1969, audiometric testing did not disclose a
hearing loss disability for VA purposes. The veteran did not
report that he had a history of hearing loss at that time.
The service medical records contain a recording of another
audiogram done in December 1969 which shows no auditory
threshold in any of the frequencies above 20 decibels for the
left ear.
The December 11, 1969 examination reports included that
audiometric testing which showed a puretone threshold of 65
decibels at 4000 hertz in the left ear which suggests a
hearing loss problem at the time of that examination.
However, as noted hereinabove, the veteran did not report
that he had a history of hearing loss and the earlier testing
did not show findings of a hearing loss disability.
Reviewing the service medical records in their totality, the
Board concludes that they do not establish that the veteran
had a hearing loss disability for VA purposes at the time of
entrance onto active duty.
The service medical records do show that a diagnosis of
bilateral hearing loss at the time of the separation
examination in December 1971. Service connection is in
effect for a right ear hearing loss. The veteran currently
is shown to have left ear hearing disability for VA
compensation purposes. 38 C.F.R. § 3.385 (1999). The recent
VA examination indicated that the left ear hearing impairment
as likely as not was incurred when he developed his already
service-connected right ear hearing disability. As noted,
the Board has concluded that the veteran did not have a
hearing loss disability at the time of entrance. The other
evidence now shows that there is current hearing loss
disability that as likely as not had its onset in service.
Therefore, by extending the benefit of the doubt to the
veteran, service connection for the left ear hearing loss is
warranted.
ORDER
Service connection for left ear hearing loss disability is
granted.
STEPHEN L. WILKINS
Member, Board of Veterans' Appeals